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This article analyses the (post)colonial politics of UK bordering through the lens of monstrosity. Historicising contemporary bordering within colonial-era monsterisations of racialised people and their mobility, we identify four mechanisms through which migrants are constructed and policed as monsters today: animalisation, zombification, criminalisation, and barbarisation. We then examine how the state embodies monstrosity itself through border policies of deterrence and creating ‘hostile environments’. In addition to the instrumentalisation of horror, this entails extending the border’s reach domestically throughout everyday life and internationally through deportation and externalisation measures. We argue these developments embody a new form of state power, depicted as a headless, tentacled Leviathan. Doing so provides insights into monstrosity as a form of liberal statecraft, the local/global diffusion of bordering, the transnationalisation of sovereign power, and the racialisation of citizenship. It also raises important questions about the construction of border violence as a necessary and legitimate monstrosity in (post)colonial liberal societies, the everyday complicity of citizens, and the limits of efforts to humanise monsterised migrants or reform monstrous state institutions. Revealing how within liberal regimes of citizenship and humanitarianism values ‘there be monsters’, we argue, opens space for thinking about abolitionist alternatives in international politics.
This chapter addresses the weaknesses of tax penalties in current law as deterrents of high-end tax noncompliance and describes how Congress could introduce tax penalties that vary depending upon taxpayers’ means. The chapter begins with a discussion of the possible motivations for individual tax compliance, including potential adverse consequences of noncompliance and, specifically, civil tax penalties. It then considers why current civil tax penalties often fail to deter high-end tax noncompliance. Finally, the chapter presents means-adjusted tax penalties as a new approach to the design of civil tax penalties, illustrates this approach with several examples, and addresses additional concerns.
This chapter describes two areas of legal theory that consider when means-based adjustments to legal rules may not be desirable. Under one perspective, means-based adjustments designed for redistributive purposes should be reserved for the tax system alone, since introducing means-based adjustments to other legal rules would entail greater efficiency costs. A second literature considers the desirability of a legal system that is impartial, nondiscriminatory, and general in its application. Subjecting taxpayers to different legal rules based on means could also undermine these important criteria. This chapter considers how means-based adjustments to the tax compliance rules should be evaluated from each of these perspectives, and why they would be justified even in cases where means-based adjustments to other legal rules would not be.
Nuclear deterrence strategies are predicated on nuclear use scenarios. However, as nuclear weapons haven’t been used since 1945, why does use occur in scenarios but not in practice? If scenarios incorporated the political challenges of crossing the nuclear threshold, how would this change the utility of the deterrence strategies they support? To address these questions, this article examines Cold War-era American debates about a Soviet ‘first strike’, discusses the limits of technical critiques of nuclear use scenarios, and argues for an alternative approach to scenario design and criticism that includes political factors observable in crises and wars involving nuclear states.
This chapter presents latent nuclear deterrence theory. It explains how it is possible to gain international leverage from a nuclear program if countries do not have nuclear weapons.
This chapter addresses when nuclear latency leads to nuclear weapons proliferation and arms races. It shows that under certain conditions, nuclear latency can deter rivals from arming. In other situations, however, nuclear latency can foment nuclear weapons proliferation. It includes six case studies of nuclear proliferation: Argentina, Brazil, France, India, Pakistan, and South Africa.
This chapter conducts a statistical analysis of nuclear latency’s political consequences. Using a design-based approach to causal inference, it determines how the onset of nuclear latency influences several foreign policy outcomes: fatal military disputes, international crises, foreign policy preferences, and US troop deployments.
This chapter presents case studies from ten countries: Argentina, Brazil, Egypt, India, Iran, Japan, Pakistan, South Africa, South Korea, and Spain. These cases show that many world leaders believe that nuclear latency provides greater international influence.
How does nuclear technology influence international relations? While many books focus on countries armed with nuclear weapons, this volume puts the spotlight on those that have the technology to build nuclear bombs but choose not to. These weapons-capable countries, such as Brazil, Germany, and Japan, have what is known as nuclear latency, and they shape world politics in important ways. Offering a definitive account of nuclear latency, Matthew Fuhrmann navigates a critical yet poorly understood issue. He identifies global trends, explains why countries obtain nuclear latency, and analyzes its consequences for international security. Influence Without Arms presents new statistical and case evidence that nuclear latency enhances deterrence and provides greater influence but also triggers conflict and arms races. The book offers a framework to explain when nuclear latency increases security and when it incites instability, and generates far-reaching implications for deterrence, nuclear proliferation, arms races, preventive war, and disarmament.
Processes of arms control and disarmament remain relevant in a world where armed conflict between states is still highly visible in international politics, and where civil wars and domestic conflicts claim hundreds of thousands of lives every year. Much attention is focused on the need to control and eliminate weapons of mass destruction (WMDs), especially nuclear weapons, given the hugely destructive nature of these armaments, but controlling so-called ‘conventional weapons’ – those not classed as WMDs – is also important. Conventional weapons, especially small arms and light weapons, are responsible for most of the casualties we see today, even as arms control efforts have only recently begun to focus on these.
This chapter introduces some of the justifications for punishment and the purposes it seeks to achieve. It will also consider the wider goals which are claimed for international criminal law, alongside some of the challenges to international criminal law that have arisen.
In the Conclusion, I offer some remarks about the relation between the argument I developed over the course of the book, and whether applying it to our structurally unjust real world leaves the argument vulnerable to a number of criticisms. I discuss two issues in more detail: first, whether the unequal distribution of international crime prosecutions taints the legitimacy of the International Criminal Court (ICC), and whether the ICC does in fact deter crimes. Both issues are serious, but ultimately, I conclude that they do not weaken my argument. I end the book by highlighting just how radically the project of international criminal justice departs from earlier strategies for dealing with war and human rights violations.
It has been a teaching of the Catholic Church for many centuries that the fact that an act is immoral is not itself a sufficient reason for acts of that kind to be punishable under the law. Therefore, before American Catholics or their bishops actively support laws making abortion illegal and punishable, they must carefully examine such laws to determine whether they are consistent with the common good and thus morally justifiable. This article first turns to the three conditions that Thomas Aquinas offers in the Treatise on Law (Summa Theologica, I-II, QQ. 90-105) that a law must fulfill in order for it to be consistent with the common good. Serious reasons are identified for doubting that laws prohibiting and punishing abortion can fulfill Aquinas’s three conditions. There are also serious reasons based on Catholic teaching, i.e., that we are always obliged to follow our conscience, for concluding that, contrary to the common good, many conscientious persons would be mistakenly punished by such laws. For these reasons, the article proposes that American Catholics and their bishops should reexamine their support for laws punishing abortion and should consider instead actively opposing such laws.
Philosophers traditionally interpret Kant as a retributivist, but modern interpreters, with reference to Kant’s theory of justice and problematic passages, instead propose penal theories that mix retributive and deterrent features. Although these mixed penal theories are substantively compelling and capture the Kantian spirit, their dual aspects lead to a justificatory conflict that generates an apparent dilemma. To resolve this dilemma and clear the ground for these mixed theories, I will outline and reinterpret Kant’s penal theory by situating it in his broader moral and political philosophy. This move grounds the followability requirement, which is necessary to resolve the dilemma.
This paper contributes to the legal and socio-legal literature on long-term care (LTC) facilities (also known as nursing homes) by drawing from the responsive regulation literature and empirical research conducted in 2021 and 2022. Enforcement is an under-explored aspect in the legal and socio-legal literature on LTC. This research asks how the regulator’s enforcement activities shape compliance of LTC homes in Ontario. This paper reports the results from eleven semi-structured key informant interviews with associations that represent LTC facilities, advocacy organizations, unions, and professionals, such as lawyers. The current enforcement activities do not appear to evoke responsiveness in at least some of the LTC homes because the regulator’s approach is not dynamic: the regulator does not change its mix of “persuasion” and “coercion” in order to respond to the motivations and behaviours of homes. Inspection and enforcement activities have had little impact on how homes respond to rules.
The Conclusion returns to the book’s central questions and arguments. It considers the implications of the book’s findings for the conduct of oral hearings within RSD, and the impossibility of a just assessment of refugee applicants’ oral testimony against the current credibility criteria. While the aim of the book was not to advance precise reforms to RSD, in reflecting on what suggestions for reform arise, the Conclusion argues that if oral hearing must be a narrative occasion, it should be a more predictable one. Where applicants’ evidence is expected to fit within cognisable narrative forms, the hearing should provide the opportunity to meet these standards. However, such a reform would do nothing to address the narrative mandate traced and critiqued throughout the book. Finally, the Conclusion explores and holds open the possibility for certain texts and genres to present radical ways of imagining refugee narratives outside the strictures of refugee law, RSD and the extreme demands (and limits) currently placed on the testimony of refugee applicants.
Chapter 2 closely examines developments in the South African government’s position on the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) from the mid-1970s to 1981. It starts with an overview of the emerging South African defence sector and the government’s growing parallel interest in building a nuclear deterrent. In addition, it also deals with the relationship between Pretoria and Washington, particularly analysing the way in which the United States under President Carter pressured South Africa to accede to the NPT and the continued defiance of non-proliferation norms by the apartheid regime. In general, the South African government experienced more resistance from the United States following Jimmy Carter’s election as President.
In recent years, the issue of Jewish settler violence in Israel and its territories has garnered increasing attention. The claimed motivations for such violence are that it is a response to Palestinian-Arab violence and perceived government inaction, as well as perceived selectivity in the formal response toward violence perpetrated by these two populations. These claims point to Jewish settler violence as being a crime as a form of social reaction, self-help and social control. We test this hypothesis by combining and analysing data from the Israel Security Agency, the Palestinian Authority, the United Nations and open sources for the period of 2009–2022 (n = 168 months) using a series of generalized negative-binomial models and Newey–West ordinary least squares models. We find that Jewish settler violence increases as serious Arab violence increases and decreases when formal responses toward Arab violence are higher. We also find iatrogenic effects for harsh measures targeting Jewish violence, namely administrative detention orders. The results imply that to reduce collective violence, it is necessary to take a more consistent and balanced approach in formal responses against opposing groups.